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Military family law divorce differs from civilian divorce

Military families are just like civilian families, with a few differences. Many military families experience active duty in which one or multiple family members are deployed. This can put a lot of stress on a family which may or may not contribute to a military family's decision to get a divorce. Because military members are allotted special benefits due to their military service, it plays a factor in a divorce.

Please note that if one or both spouses are on active duty, an active divorce process cannot begin under the Servicemembers Civil Relief Act (SCRA). This law applies to U.S. service men and women as they can't be sued or begin divorce proceedings while on active duty or for 60 days following active duty (at the discretion of the court). Jurisdiction can come into play when it comes to divorce, military members actually typically have more options in terms of where to begin divorce proceeding based on either spouses' legal address or physical residence where they are stationed.

Benefits and pension are also a consideration for military families looking to enter into a divorce. Retirement benefits can be awarded to one or both spouses depending on the length of marriage or based on a member's served time. Children can also benefit, say from medical benefits per the military, so it's good to make sure these arrangements are in place to ensure they continue to receive the same medical benefits post-divorce. Spousal and child support obligations may be ordered by the court.

Military family law isn't to be more complicated, it just has certain stipulations civilian divorce doesn't. It also has more flexibility, specifically in terms of where a spouse can legally file for divorce. Ensuring benefits transfer to children is important as well. It's a small thing covered for such a huge sacrifice on behalf of the military member.

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